ANSWERS TO FREQUENTLY ASKED QUESTIONS
ON NEW JERSEY DIVORCE

What are the basic things I need to know as I start my divorce process in New Jersey?

It is very important for you to have an understanding of your financial situation. When you come to our office for your initial consultation, you should bring your completed Federal and State tax returns, pay stubs, employment contracts (if any), bank statements, mortgage statements, retirement account statements or information, and anything else that is related to your financial situation.

How will your firm approach my divorce case? What’s the first step?

Our firm is very unique because we approach each case individually. We don’t follow a set formula and instead individualize the approach depending upon the needs of each client. We will talk to you and discuss your particular concerns whether it is related your children, a business, or support payments. The FIRST STEP is to schedule an initial consultation with one of our attorneys so that you can discuss your own particular situation, and learn about New Jersey law and what you can expect if you proceed with a divorce action.

Do you offer ways to settle my divorce other than litigation?

We’re very good at what we do and we are unique in that we offer different ways to handle your divorce. We can certainly litigate on your behalf or offer you an alternative service such as mediation.

Do you think that self representation is a good idea?

No. Representing yourself is almost never a good idea, especially when children are involved. Since most individuals do not have legal training in divorce and family law, you will have a difficult time achieving your desired result. Sometimes our clients have certain misconceptions of what the law is because they have read something on the internet which is not accurate, or does not apply to their particular situation, but they don’t realize that.
If you don’t have the money for a complete divorce, you should at least have an initial consultation with us so that you understand what’s involved before deciding that you want to represent yourself.
If you don’t have a lot of money, you should consider divorce mediation where you and your spouse represent yourselves with an attorney as the Mediator. Once agreement is reached, the mediator can draft a settlement agreement to reflect the resolution reached by the parties in the mediation process. One of our attorneys can either act as the Mediator, or as your lawyer in reviewing the settlement agreement reached through mediation. Mediation is a good alternative if you feel you cannot afford a divorce attorney throughout the entire divorce process.

What is the likelihood that a divorce case will go to trial?

We don’t know the exact statistics, but settlement in this area of the law is very, very common. Statewide, probably 90% or more of the cases settle. While our goal at Charny, Karpousis, Altieri & Donoian is always to settle your case without going to trial, if your case does need to be tried, we will be thoroughly prepared.

If I feel that my divorce is my spouse’s fault because of infidelity, will I get more out of the divorce settlement?

“Fault” in the cause of action for divorce has almost no impact on either equitable distribution or support in New Jersey. Exceptions are made for intentional acts affecting finances, such as running a business “into the ground”, or dissipating assets on a paramour, or drugs or gambling. But in reality, it doesn’t make a lot of difference in terms of the relief that will likely be granted. You would have to be able to prove that your spouse used the money toward that end and this is not always so easy to do. Also, unless a lot of money is involved, like a house for the mistress, or total depletion of an investment account, a few dinners or a couple of vacations won’t really make a significant impact in the outcome of a case.